On December 15, 2022, an inside sales representative filed a putative collective action against DSSV, Inc., d/b/a Brightwheel for unpaid overtime. He brought the case on behalf of himself and other inside sales representatives, account executives, and sales development representatives who were responsible for selling Brightwheel’s subscriptions to its childcare management platform used by childcare centers and preschools.
The Complaint alleges that Brightwheel misclassified inside sales representatives as exempt from the Fair Labor Standards Act’s overtime protections, and improperly denied them overtime pay. It seeks to hold Brightwheel accountable to these workers for unpaid overtime premium pay for up to three years, liquidated (double) damages, and other statutorily-permitted relief.
Michele R. Fisher, an attorney who represents the workers, stated, “sales jobs are demanding, with goals and expectations that often result in overtime hours worked. We believe that these employees should have been paid an overtime premium when they worked overtime hours and seek to get them fairly compensated under the law.”
The plaintiffs are represented by Michele R. Fisher and Daniel S. Brome of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota, and San Francisco, California, and Charles Scalise of Ross Scalise Law Group, P.C., in Austin, Texas. The case is entitled, Chalmers et al. v. DSSV, Inc., d/b/a Brightwheel, Case No. 4:22-cv-08863 (Northern District of California).